Rock Island daily Argus., 1887-11-23
THE SETTLER PROTECTED.
ATTORNEY GENERAL GARLAND DE-
FINES SOME LAND LEGISLATION.

An Opinion ON the Meaning OF Land for-
feiture Act-The Standard OIL Case
Foreign Mail uggestions-senatOrs Con-
fer with FairchiId-Castle Garden Comes
Down Customs Frauds.
WASHINGTON CITY, Nov. 23-The follow
ing opinion relative to the adjustment Of
railroad land grants, under the act of March
s, 1887, was made public Tuesday. 1t is ed-
dressed to the secretary of the interior and
signed by A. H. Garland, attorney general:
SIR: By your letter Of Oct. Is, 1887, you
submit three questions for my opinion They
arise upon the construction of sections 8, 4,
and 5, of the act of March 8, 1887, which, as
shown by its title, as whole was passed TO
provide for the adjustment of land grants
made by congress to aid in the construction
of railroads, and for the forfeiture of un-
earned lands. and for other purposes"
The third section is that, iii in the ad just
ment of said grants it shall appear that the
homestead or pre-emption entry of any bona
fide settler has been enormously Cancelled on
account of any railroad grant, or tine with
drawal of public lands from the market, each
settler upon application, shall b, reinstnted
in all his rights, and allowed to perfect his
entry by complying with the public laws;
provided that he has not leased ariother Claim
or made an entry in lieu of the one so erro-
neously cancelled; and provided, also, that
he did not voluntarily abandon said original
entry; and provided, further, that if any of
said settlers do not renew their application to
be reinstated within reasonable time, to be
fixed by the secretary of the interior, then
all sach unclaimed land shall be disposed of
under the public land laws, with priority of
right given to bona fide purchasers of said
unclaimed land, if any, and if there be no
such purchasers, then to bona file settlers
residing thereon"
The question submitted under this section
IS: "What class of purchasers is referred to
IN the expression bona fide purchasers of
said unclaimed lands"
In answer to this it is stated that there are
three classes of persons provided for in the
act: Bona fide homestead or preemption set
tiers, bona tide purchasers of unclaimed
lands, and bona fide settlers residing on un-
claimed lands, and that their rights attach
in the order stated. The opinion then goes
on:
The bona fide purchasers here referred to
are those who without knowledge of wrong
or error, have purchased from the railroad
company lands which had been previously
entered by preemption or homestead set
tier whose entry had been enormously can
celed, as described in the first clause of the
third section, and which land the preemption
or homestead settler did not elect to claim
after the recovery by the proceedings pre-
scribed by the second section of the act
The second question submitted by you is:
Scan the department, after adjustment of
the grant by the department, issue patent
to the purchaser of such land before the said
land has been reconveyed by the road, or
title recovered by judicial proceeiingsr
This question: as shown by your letter, re-
fers to patents whose issue is provided for IN
the fourth section of the act Until
the lands shall have been legally determined
to belong to the United States, the right to
issue patents under the fourth section does
Not arise. II patents should issue under the
fourth section before reconveyance or ju-
dicial recovery under the second, and pro-
ceedings should then be instituted TO cancel
the patent issued TO the railroad, in case of a
decision adverse to the government in the
proceedings instituted two patents would be
outstanding at the same tiuls for the same
| land =
| The third question is as follows: "The fifth
section Of said act provides that where g
railroad company has sold to citizens of the
| United States, or persons who have declared
thelr intention TO become such, lands not con
| veyed to or Tor the use oil such company, the
same being the numbered section prescribed
III It's grant, and coterminous with the con
structed part OF It's road and where snct
ia''us are i"t any reasou e&cepeeu from tht
| operations OIL hte grant OF saiu company, II
shal ie ia"lui ior 'ne ooha hde purchaser
'hefeoi iro'n sa"i company W MAKE pay
nieht 10 Ide oiii'eu SUa'es lor saiu Iahd,